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OBSTACLES IN LAW ENFORCEMENT AGAINST PERPETRATORS OF SEXUAL ABUSE INFLUENCED BY PORNOGRAPHY IN TERRITORY OF BENGKULU DISTRICT COURT Ainul Mardiati; Herlambang Herlambang; M. Abdi
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 9, No 2 (2019): November 2019
Publisher : Universitas Bengkulu

Indigenous village is important, therefore, it is required the establishment of indigenous villagein the respective regencies in Indonesia. To form the indigenous village needs to see some supportingaspects.One of sub-district which has a supporting aspect in the formation of indigenous villages in North Bengkulu is Enggano District. The research objective isto know and analyze the obstacles faced in implementing Law No. 6 of 2014 in the establishment of indigenous village in Enggano District of North Bengkulu. The methodology used is empirical juridical approach, byusing qualitative analysis. The result study showed that the obstacles encountered in the implementation of Law No. 6 of 2014 on Village in the establishment of the indigenous village in Enggano District of North Bengkulu consisted of two factors:Internal and external factors.

IMPLEMENTATION OF PRECAUTIONARY PRINCIPLE IN COAL MINING LICENSES IN CENTRAL BENGKULU REGENCY OF BENGKULU PROVINCE Dede Frastien; Edra Satmaidi; Iskandar Iskandar
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 11, No 2 (2021): November 2021
Publisher : Universitas Bengkulu

Coal mining license is a juridical instrument for businessmen to carry out coal mining activities. Coal mining license is also a preventive instrument to prevent coal mining activities from causing environmental damage and pollution. In the process of issuing and implementing coal mining licenses according to Law Number 32 of 2009 concerning Environmental Protection and Management, one must consider the precautionary principle, which is implemented by integrating environmental considerations, in making coal mining licenses decisions. However, coal mining activities carried out by 9 coal mining companies in the Watershed of Air Bengkulu, showed that there was environmental destruction and pollution seen along the Watershed of Air Bengkulu. This study aimed to determine the application of the precautionary principle to coal mining licenses and the legal consequences of coal mining license decisions that did not apply the precautionary principle. This research was conducted using juridical empirical/socio-legal research, and data analysis was carried out using a qualitative juridical approach. The results of this research showed that the government of Bengkulu Province has not applied the precautionary principle in the process and implementation of coal mining license in the Watershed of Air Bengkulu of Central Bengkulu Regency. The legal consequence of not applying the precautionary principle in the decision to issue 9 (nine) coal mining licenses which was an essential and material requirement in a decision to issue a permit was null and void (nietig van rechtwege) and could be canceled (vernietig baar), the government of Bengkulu Province has the authority to cancel the licenses decision because it is a State Administration official.

ITSBAT NIKAH DECISIONS ISSUED BY THE RELIGIOUS COURTS OF CLASS 1A BENGKULU ON THE SPOUSES WHOSE ABSENCE IN MARRIAGE DOCUMENTS ACCORDING TO ISLAMIC MARRIAGE LAW Kurniadi Agusta; Sirman Dahwal; Mohammad Darudin
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 9, No 2 (2019): November 2019
Publisher : Universitas Bengkulu

In Bengkulu city, there is a marriage phenomenon done by the cultural law but not legally acknowledged in the data of ministry of religious office. Such a particular situation results in the absence of legal standing in terms of data. This being the case, spouses then ask for official marriage decisions or itsbat Nikah to the office of ministry of religious so that they would receive marriage letter. To answer the problems, the method used is empirical law research method. Data are obtained through observation and interviews to informant judges, clerks and seekers of justice who apply for marriage. Furthermore, it is analyzed by qualitative juridical with deductive and inductive method, thus it can be drawn a conclusion to answer from every existing problem. The results of this study indicate that: 1) many spouses do not have a marriage document since they avoid sin due to adultery, and feel not ready materially and socially, become pregnant out of marriage, and are overwhelmed with the assumption that whether having marriage documents or not will be the same, 2) the legal consequences of marriage without a marriage certificate are considered invalid because such a marriage is illegal under the law No. 1/1974 stating that the wife also has no right to the livelihood and inheritance of the husband if he dies and is not entitled to, (3) the religious courts of Bengkulu states that it is important to issue the-so-called itsbat Nikah or official documents to the spouses who have yet to legally declare their marriage as stated in the decree No.1/1974 for the betterment of the society.

JURIDICAL ANALYSIS ON THE LEGAL POWER OF COLLATERAL SEIZURE ON MATRIMONIAL JOINT ASSETS IN THE DECISION OF MANNA RELIGIOUS COURT NO. 54/PDT.G/2019/PA.MNA BASED ON ISLAMIC LAW Fauzi Fauzi; Subanrio Subanrio; Akhmad Muslih
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 11, No 1 (2021): April 2021
Publisher : Universitas Bengkulu

The objectives of the study were to find out and analyze: (1) the reasons of collateral seizure on matrimonial joint assets where it can guarantee the Plaintiff's rights and (2) The views of Islamic law on the collateral seizure of matrimonial joint assets in the decision of Manna Religious Court No.54/Pdt.g/2019/PA.Mna. This study was normative legal research. The reasons for the seizure of the collateral filed by the Plaintiff in the lawsuit case No.54/Pdt.G/2019/PA.Mna were: a) the reasons for collateral seizure on matrimonial joint assets were due to the Plaintiff’s claim in the lawsuit concerning the assets under the Defendant's authority; b). Judge panel considered the rules based on Al-Qur'an surah An-Nisa verse 32, regulation in Marriage Law, and Compilation of Islamic Law that state the right of Matrimony Joint Assets belongs to both parties, and since the assets were under the Defendant's authority, a collateral seizure is considered necessary; c) the reasons of collateral seizure on matrimonial joint assets were also to provide legal certainty and equal rights to each party; d) to ensure the integrity of the assets, to get them to remain maintained and present; and e) the seizure was to avoid the right transfer of the asset to other parties and to prevent the assets from being misused or damaged. The legal power of collateral seizure of matrimonial joint assets in the decision of Manna Religious Court No.54/Pdt.g/2019/PA.Mna could give the Plaintiff's legal rights in writing, but when viewed from Islamic law it could not be able to achieve the objectives of Islamic law itself, namely the benefit and usefulness principles. This was due to the absence of sanctions and strong foundations for those who did not carry out the decision. The court only granted the seizure stamp and joint assets seizure but did not decide the execution over the joint assets, so the Plaintiff's rights could not be fully protected. Islamic law considered the collateral seizure on matrimonial joint assets in the decision of the Manna Religious Court No.54/Pdt.g/2019/PA.Mna as something that is not prohibited and mentioned in surah Al-Baqarah verse 188.

Strengthening Corporate Legal Functions in Achieving Good Corporate Governance at PT Bank Bengkulu Siti Aisyah; Widiya N. Rosari; Tito Sofyan
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 10, No 2 (2020): November 2020
Publisher : Universitas Bengkulu

The increase in company value is reflected in the increase in performance and company image. PT Bank Bengkulu in enhancing the value of the company is done by applying the principles of Good corporate governance supported by the Corporate Legal division. The principles of Good Corporate Governance include: openness, accountability, responsibility, independence and fairness. Corporate Legal functions to regulate matters relating to the legal field which include: Organization and authority, advice or provision of legal assistance andhandling legal cases, risk management and mitigation, documentation, administration and reporting. Previously, Corporate Legal was part of the Compliance Division. However, since the transfer of Corporate Legal to Corporate Secretary, there has been overlapping of authority, duties and functions. The problem in this research is how to strengthen Corporate Legal in realizing Good Corporate Governance and what are the factors that inhibit the strengthening of Corporate Legal function in realizing Good Corporate Governance at PT Bank Bengkulu. This type of research is empirical research, data sources obtained from interviews, documents, as well as literature and legislation relevant to research. The results of the study are the strengthening of Corporate Legal at PT Bank Bengkulu conducted by organizational restructuring based on Directors Decree No.17.1 / HP.00.01 / D.1 / 2019/2019 regarding changes in the organizational structure of the transfer of Corporate Legal to Corporate Secretary which was formerly Corporate Legal part of Compliance division, thistransfer makes Corporate Legal have a wider authority that is able to provide legal oponi which includes external banks where previously in compliance with Compliance, Corporate Legal can only provide legal opinions that cover only the internal parts of the bank. The factor that inhibits the strengthening of the function of Corporate Legal in realizing good corporate governance at PT Bank Bengkulu is the overlapping authority between the Compliance division and the Corporate Secretary, in which there are no restrictions on what should be reviewed by the Compliance Division and Corporate Secretary, then in policytaken by the Board of Directors cannot be immediately decided by Corporate Legal so the problem becomes slow to be resolved immediately.

THE PROBLEM FACING BY PT. METRO BATAVIA TO PROVIDE COMPENSATION TO COSTUMERS BASED ON THE CONSTITUTION (A case study concerning Bankruptcy of PT. Metro Batavia) Tito Sofyan; Candra Irawan; Dya Vitalia
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 10, No 1 (2020): April 2020
Publisher : Universitas Bengkulu

Bankruptcy happened to airlines companies causes troubles not only on debtors but also on consumers as the expectant passengers that have purchased flight tickets. When PT. Batavia Air was sentenced bankruptcy by the Commerce Court then all operational activities shall stop. These halted Operational activities resulted loss on consumers since thousand of consumers that have bought tickets cannot fly. Verdict of Commercial Court of Jakarta Pusat No.77/Pailit/2012/PN.NIAGA.JKT.PST on January 30th, 2013 decided all activities concerning on properties are delegated to curator appointed by the court stated on verdict. For consumers that demand any compensation of loss, it is suggested to register a debt note in curator office. On Act No. 1 of 2009 concerning on airlines and Minister Regulation No. 77 of 2011 concerning responsibility of airline, it is stated that airlines are responsible to repay the whole cost of ticket spent by passengers. However, in the reality it is impossible to consumers to get the compensation since they stand as concurrent creditors which have no rights to get advanced repayment. The full repayment can only be possible to gain by consumers after curator complete the whole repayment process to separative and preference creditors.

IMPLEMENTATION OF CSR IN BENGKULU AFTER THE ISSUANCE OF THE BENGKULU GOVERNOR'S DECREE NUMBER: P.127.DINSOS. OF 2018 CONCERNING THE ESTABLISHMENT OF THE CSR FORUM OF BENGKULU PROVINCE Difo Pradipta; Slamet Muljono; Emelia Kontesa
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 11, No 2 (2021): November 2021
Publisher : Universitas Bengkulu

CSR is an element in improving people's welfare. Through the establishment of a CSR Forum which was established based on the Bengkulu Governor's Decree Number: P.127.Dinsos. In 2018 concerning the Establishment of the Bengkulu Province CSR Forum, the Regional Government seeks to increase the participation of every company in Bengkulu. However, the results have not been effective, this is because the formation of this forum was not accompanied by the authority and mechanism in the form of a Governor Regulation. Theimpact is that CSR implementation in Bengkulu Province is small and not focused. The problem in this research is how the implementation of CSR after the issuance of the Bengkulu Governor's Decree Number: P.127.Dinsos. 2018 concerning the Establishment of the Bengkulu Province CSR Forum and What Are the Obstacles in the implementation of the CSR forum. This type of research is empirical, data sources obtained from interviews, documents, as well as literature and legislation relevant to the research. The result of thisresearch is the finding of a 16% percentage of the participation rate of companies in Bengkulu, from a total of 196 companies in Bengkulu, only 33 companies registered by the CSR Forum have distributed CSR. The rest of this company never reported the distribution of CSR. This is very inconsistent with the Utilities Theory because large companies in Bengkulu Province have not contributed too much to the Environment and Society, and are still focused on Company Profits only. Furthermore, in the second discussion it was also conveyed that several obstacles were experienced by the CSR Forum, among others: The government has not yet embraced the forum in relation to companies, There is no Regulation on Implementation Mechanism in the Investment Law and the TDP Law, the Report Submission Mechanism is not Clearly, the absence of basic technical rules for implementing CSR reporting, absence of punishments and sanctions from the local government to companies for distributing CSR.

THE MANAGEMENT POLICY OF STATE LANDS AS AFORMER OFRIGHT TO CULTIVATEIN REJANG LEBONG REGENCY Azman Hadi; Herawan Sauni; Hamdani Maakir
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 9, No 2 (2019): November 2019
Publisher : Universitas Bengkulu

Penelitian ini mengangkat permasalahan berkaitan dengan pengelolaan tanah negara bekas hak guna usaha di Kabupaten Rejang Lebong.This research raises the issues related to the management of state lands as a former of right to cultivatein Rejang Lebong Regency.Pada tahun 1988, PT.In 1988, PT.Bumi Megah Sentosa memperoleh HakGuna Usaha seluas 6.925 hektar.Bumi Megah Sentosa obtained the right to cultivatefor an area of 6,925 hectares.Proses perolehan Hak Guna Usahanya melalui pembebasan lahan masyarakat, namun PT.The process of obtaining right to cultivate is gotten through community land acquisition, but PT. Megah Bumi Sentosa tidak mampu membebaskan seluruhnya sehingga akhirnya hak guna usaha tersebut dibatalkan.Megah Bumi Sentosa was not able to free it entirely therefore the right to cultivate was canceled.Penelitian ini bertujuan untuk mengetahui dan menjelaskan tentang pengelolaan tanah negara bekas hak guna usaha di kabupaten Rejang Lebong dan hambatan yang dihadapi dalam pengelolaan tanah negara bekas hak guna usaha di Kabupaten Rejang Lebong.This research aims to find out and explain the management of state lands as a former of right to cultivatein Rejang Lebong Regency and the obstacles faced in the management of state lands as a former of right to cultivate in Rejang Lebong Regency.Penelitian ini bersifat yuridis sosiologis dengan pendekatan kualitatif.This research is sociological juridical with a qualitative approach.Analisis yang digunakan dalam pengelolaan data adalah analisis kualitatif, yakni data yang diperoleh diseleksi berdasarkan kualitas dan kebenarannya sesuai relevansinya terhadap materi penelitian.The analysis used in data management is qualitative analysis, namely the data obtained is selected based on the quality and truth according to its relevance to the research material. Penelitian ini dilakukan di Kabupaten Rejang Lebong Provinsi Bengkulu.This research was conducted in the Rejang Lebong Regency of Bengkulu Province.Hasil penelitian ini menunjukkan bahwa pengelolaan tanah negara bekas hak guna usaha di Kabupaten Rejang Lebong belum maksimal oleh pemerintah daerah.The results of this research indicate that the management of state lands as a former of right to cultivate in Rejang Lebong Regency has not been maximized by the local government. Di atas tanah bekas hak guna usaha tersebut terdapat pemukiman transmigrasi yang belum ada hak pengelolaannya dan penguasaan oleh masyarakat pemilik tanah semula.On the former land ofright to cultivate, there are transmigration settlements that have no management rights and control of the original landowner community.Hambatan dalam pengelolaan tanah negara bekas hak guna usaha di Kabupaten Rejang Lebongyaituadanya persepsi yang berbeda antara Bupati Kabupaten Rejang Lebong dengan Kantor Kementerian Agraria dan Tata Ruang/ Badan Pertanahan NasionalKabupaten Rejang Lebong.The obstacles in the management of state lands as a former of right to cultivatein Rejang Lebong Regency were the different perceptions between the Regent of Rejang Lebong Regency with the Office of the Ministry of Agrarian and Spatial Planning / National Land Office of RejangLebong Regency.Kajian ini menawarkan skema solusi alternatif kebijakan utamanya : Penguatan Hak Masyarakat dengan Reforma Agraria.This research offers a scheme of alternative solutions to its main policies: Strengthening Community Rights with Agrarian Reform.

CANCELLATION OF LAND OWNERSHIP RIGHTS CERTIFICATE IMPLEMENTED BY THE LAND OFFICE OF BENGKULU CITY Okta Orlando; Hamdani Ma'akir; Herawan Sauni
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 11, No 1 (2021): April 2021
Publisher : Universitas Bengkulu

This study aimed to determine the procedure implemented in the cancellation of land ownership certificates implemented by the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency of Bengkulu Province, which was based on the Supreme Court Decision Number: 814K/PDT/2009 that has permanent legal force. The type of study used was juridical empirical legal research with descriptive characteristic, meaning that the research aimed to explain the procedure for the cancellation of a land ownership certificate by looking at the conformity between the applicable legal rules and those applied in the process of canceling a land ownership right. The approach applied in this study was qualitative, which is an analysis that describes the applicable regulations, then linked them to the cancellation of the certificate, the analysis was formed by words based on the technique of collecting and analyzing the relevant data obtained from the implementation of the procedure for cancellation of land ownership rights. While the populations in this study were the litigants and the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency of Bengkulu Province. Primary data collection was carried out by using semi-structured interview technique. Then the primary and secondary data were analyzed by using qualitative descriptive analysis. The results of this study showed that the certificate cancellation had been in accordance with the applicable procedures. Suggestions that can be given were that the cancellation of the certificate of land ownership rights must fulfill all formal requirements in implementing the cancellation of land ownership rights.

INVENTORY OF TRADITIONAL PROPERTY OF BESEMAH TRIBE IN JOKOH SUB-DISTRICT, DEMPO DISTRICT, PAGAR ALAM CITY Dimas Dwi Arso; Edytiawarman Edytiawarman; Slamet Muljono
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 10, No 2 (2020): November 2020
Publisher : Universitas Bengkulu

This research aims to know and understand the utilization of heritage in indigenous peoples in Besemah tribe, and to know and understand the efforts of indigenous peoples in the tribe of Besemah to preserve their inheritance. In this study the author used an empirical approach by conducting interviews on Jokoh and the head of Adat in the village of Jokoh. As for the material interviewing is about the existence of heirloom in the tribe of Besemah covering anything, then conducted analysis of the legal certainty given to the Adat law community when there is a violation committed of Adat heirloom and how the procedure is done in conducting the management of the estate so that later known the level of awareness of the law of indigenous peoples to its inheritance. The results of the research is the inheritance in indigenous peoples in the tribe of Besemah consisting of the House of Baghi, Tanah, and Keris Serunting Sakti. Then the efforts of indigenous peoples to the people of adat in preserving their inheritance is by doing traditional ceremonies that are attended by community leaders, people's people, and rural residents. As in the house Baghi there is a pillar-set ceremony (Sedekah Negah Ka Tiang), the ceremony of raising a cam (Sedekahnupload Mubungan), ceremony occupies the house (Sedekah Nunggu Ghumah), and the ceremony to test the house (Sedekah Nyimak Ghumah). In addition to the keris, the traditional ceremony is done as a ritual of bathing the Kris as an apology and forgiveness to the almighty for all the mistakes that have been done and ask for all the efforts made in order to Get ease in various things, cheap sustenance, healthy community prosperous, and safe village

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Contact Name
Dimas Dwi Arso

Contact Email
ddarso@unib.ac.id

Phone
+6285267043381

Journal Mail Official
jurnalbkljustice@unib.ac.id

Editorial Address
Jalan WR Supratman, Kandang Limun, Pascasarjana Ilmu Hukum Universitas Bengkulu, Bengkulu.

Location
Kota bengkulu,

Bengkulu

INDONESIA

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Dimas Dwi Arso

Contact Email ddarso@unib.ac.id

Phone +6285267043381

Journal Mail Official jurnalbkljustice@unib.ac.id

Editorial Address Jalan WR Supratman, Kandang Limun, Pascasarjana Ilmu Hukum Universitas Bengkulu, Bengkulu.

Location Kota bengkulu, Bengkulu INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Dimas Dwi Arso

Contact Email
ddarso@unib.ac.id

Phone
+6285267043381

Journal Mail Official
jurnalbkljustice@unib.ac.id

Editorial Address
Jalan WR Supratman, Kandang Limun, Pascasarjana Ilmu Hukum Universitas Bengkulu, Bengkulu.

Location
Kota bengkulu,

Bengkulu

INDONESIA